Latimer v. Groetzinger
Supreme Court of Pennsylvania
APPEALS BY DEPENDANTS EROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 158 October Term 1890, Sup. Ct.; court below, No. 629 June Term 1889, C. P. No. 1. On May 8, 1889, T. M. Latimer brought replevin against Edward Groetzinger and Wm. Billings, for a lot of merchandise of the value of $2,500, alleged to have been illegally levied upon under a landlord’s warrant issued by Groetzinger to Billings, as bailiff; goods delivered to plaintiff.
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APPEALS BY DEPENDANTS EROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 158 October Term 1890, Sup. Ct.; court below, No. 629 June Term 1889, C. P. No. 1. On May 8, 1889, T. M. Latimer brought replevin against Edward Groetzinger and Wm. Billings, for a lot of merchandise of the value of $2,500, alleged to have been illegally levied upon under a landlord’s warrant issued by Groetzinger to Billings, as bailiff; goods delivered to plaintiff. The defendants filed an avowry for arrears of rent due; replication, and issue. At the trialg on February 24,1890, the plaintiff put in evidence…
1Opinion of the Court
OPINION,
Me. Justice Geeen :
The only question before us, in this case, is whether a right of distress for the whole $2,500 existed in the defendant Gro-etzinger, at the time of the issue and service of the-landlord’s warrant. It was under this warrant that the goods of the plaintiff were seized, and if this was done without authority of law, the plaintiff was entitled to a verdict by direction of the court below. The record does not raise the question whether Groetzinger would be entitled to maintain an action for breach of the covenant contained in the articles of agreement between himself,…
2Cited by20 opinions
- Evans v. Lincoln Co.Supreme Court of Pennsylvania · 1903
- McCann v. EvansCourt of Appeals for the Third Circuit · 1911
- Kee v. Pennsylvania Turnpike CommissionCommonwealth Court of Pennsylvania · 1996
- Groetzinger v. Latimer, Pennsylvania Court of Common Pleas, Alleghany County1892
- Bornstein v. SalernoSupreme Court of Pennsylvania · 1926
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